The Scottish Government could face a court challenge over its misleading guidance for schools on dealing with transgender pupils.
A letter has been sent by lawyers representing The Christian Institute expressing “significant concerns” about the “incorrect” guidance published late last year.
‘Supporting Transgender Young People: Guidance For Schools in Scotland’ says teachers should not tell parents if their child changes gender in school unless the child, who could be as young as four years old, gives permission.
No safeguards
The guidelines, produced by LGBT Youth Scotland and funded by the Scottish Government, add that if parents are “struggling” with their child’s transgender identity, staff can consider raising this with the local authority.
The document advises that school kids ‘should be supported to explore and express their identity regardless of their age’, and that parents should not be told if their children are sharing rooms with transgender pupils.
The Institute has criticised the plans, saying the guidance contains key errors in relation to the Equality Act 2010, and that it fails to safeguard the rights and responsibilities of staff and parents.
The Scottish Government has been asked to withdraw its endorsement of the guidance pending further consideration of these issues and more.
‘Glaring errors’
The letter warns of the possibility of a Judicial Review – the same process through which The Christian Institute defeated the Scottish Government on the Named Person issue in the UK Supreme Court.
Institute Deputy Director Ciarán Kelly said: “It beggars belief that the Scottish Government has authorised a state-funded campaign group to dictate to teachers what their obligations are and strip parents of their responsibilities – such a blinkered approach to gender confusion has to end.
“This ‘guidance’ also contains glaring errors in relation to the current law. The Government needs to step back from its endorsement of this misleading and misguided document.”
